Opinion
No. 73-127.
October 16, 1973. Rehearing Denied November 20, 1973.
Appeal from the Juvenile and Domestic Relations Court for Dade County, John V. Ferguson, J.
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, and Kurt Marmar, Legal Intern, for appellant.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.
Before PEARSON, and CHARLES CARROLL AND HENDRY, JJ.
The appellant, a juvenile, was charged as a delinquent upon the basis of his alleged participation in the breaking and entering of a store with intent to commit larceny. His trial was held before a referee pursuant to Chapter 20808, Laws of Florida, 1941. The appellant was represented by a public defender who offered no objection to the procedure. Nevertheless, on this appeal the appellant contends that the failure to grant him a trial before the court was fundamental error. We agree and reverse upon authority of our holding in K.M. v. State, Fla.App. 1973, 277 So.2d 577.
Reversed and remanded for a new trial.